DUI/DWI DEFENSE
Florida, Mississippi & Tennessee DUI/DWI Defense Attorney. Defending clients facing DUI/DWI charges and other violations of the law.
DUI / DWI Defense Attorney
Being charged with DUI or DWI can have immediate and long-term consequences, including license suspension, fines, and possible jail time. DUI laws and penalties vary significantly by state, and how a case is handled early can make a meaningful difference.
Attorney Amy Pietrowski provides DUI and DWI defense representation for clients in Florida, Mississippi, and Tennessee, with a focus on protecting your rights, record, and future.
Understanding DUI and DWI Charges
DUI and DWI charges generally involve allegations that a driver was operating or in physical control of a vehicle while impaired by alcohol, drugs, or a combination of substances. Evidence may include breath or blood testing, field sobriety tests, and officer observations.
Because each state applies different legal standards, penalties, and procedures, DUI cases must be evaluated under the laws of the state where the arrest occurred.
DUI Defense by State
DUI laws, penalties, and procedures vary widely depending on the state. Attorney Amy Pietrowski provides DUI defense tailored to the specific laws and court systems of each jurisdiction.
Select your state below to learn more about DUI laws, penalties, and defense options.
Florida DUI Defense
Florida DUI cases move quickly and often involve immediate administrative license suspension. Strict deadlines apply, making early legal guidance especially important.
→ Florida DUI Defense
→ Florida DUI Laws Guide
Tennessee DUI Defense
Tennessee DUI laws include strict mandatory penalties, including minimum jail time in some cases. DUI charges often involve implied consent issues and driver’s license consequences.
→ Tennessee DUI Defense
Mississippi DUI Defense
Mississippi DUI cases may involve license suspension, fines, and mandatory programs depending on the circumstances of the arrest and prior history. Defense strategies focus on the legality of the stop, testing procedures, and evidence used by law enforcement.
→ Mississippi DUI Defense
Implied Consent and Chemical Testing
Most states operate under implied consent laws, meaning drivers agree to submit to chemical testing under certain circumstances. Refusing a breath, blood, or urine test can result in license suspension and other consequences, depending on the state.
The rules governing implied consent—and the penalties for refusal—differ by jurisdiction. A DUI defense attorney can help evaluate whether testing was lawfully requested and administered.
Potential DUI Penalties
DUI penalties vary based on state law, prior offenses, and the facts of the case. Consequences may include:
Fines and court costs
Jail time in certain cases
Probation or community service
Mandatory DUI education or treatment programs
Driver’s license suspension or restriction
Ignition interlock device requirements
Understanding how these penalties apply in your specific state is critical.
DUI and Commercial Drivers
DUI charges can be especially serious for commercial drivers. CDL holders are often subject to stricter standards and harsher penalties, even for offenses committed in a personal vehicle.
If you hold a commercial driver’s license, it’s important to understand how a DUI charge may affect your CDL and employment.
DUI Charges for Out-of-State Drivers
If you were arrested for DUI while traveling, the charge may still affect your home-state driver’s license. DUI convictions are often shared across state lines.
Attorney Amy Pietrowski assists out-of-state drivers by handling DUI cases efficiently and minimizing unnecessary travel when possible.
WHY CHOOSE ASK ATTORNEY AMY FOR DUI DEFENSE
Licensed to practice in Florida, Mississippi, and Tennessee
Clear communication and straightforward guidance
Focused on early intervention and defense strategy
Experience handling time-sensitive DUI cases
Speak With a DUI Defense Attorney Today.
Your future deserves a strong defense.
If you are facing a DUI or DWI charge, acting quickly matters. Early legal guidance can help protect your rights and preserve important options.
Contact Ask Attorney Amy today to discuss your DUI case and learn how state-specific laws may affect your situation.
FL: (941) 287-9813 MS/TN: (662) 372-1622
F.A.Q.
The laws governing DUI cases differ from state to state, and each local jurisdiction has its own practices when it comes to arrests and court proceedings. We can help you understand the implications of the charges you face.
-
Yes. Florida law allows DUI charges based on observed impairment, even without a breath test result. Officer observations, field sobriety tests, and other evidence may be used.
-
Florida has an implied consent law. Refusing a lawful breath, blood, or urine test can result in an automatic driver’s license suspension, even if you are not ultimately convicted of DUI.
-
You will likely receive a DUI in Mississippi if you are arrested for driving with a blood alcohol concentration (BAC) of:
At least 0.08%. OR
At least 0.02%, if you are younger than 21 years old, also known as Zero Tolerance For Minors.
While those are the legal BAC limits, you may still receive a DUI or alcohol-related driving offense for driving with a BAC that is lower than the legal limits above. Your penalties will be determined by your court.
A DUI Other refers to being under the influence of something other than alcohol such as drugs, illegal prescriptions or other unknown.
-
In Tennessee, a BAC of .08 is considered as driving under the influence.
-
Driving under the influence of alcohol comes with penalties from both the court and the Mississippi Department of Public Safety (DPS). Your penalties will depend on the severity of your DUI offense, whether you have previous DUI charges, and your driving history. The Department of Public Safety can use administrative laws to punish you, and the courts can use criminal law.
1ST OFFENSE
Administrative Penalties
Driver’s license suspension: Minimum of 90 days with completed Mississippi Alcohol Safety Education Program
License reinstatement fee: $175.
Ignition interlock for restricted driver’s license.
Financial responsibility (SR 22) filed for 3 years.
Criminal Penalties
A $250 to $1,000 fine.
48 hours in jail.
A driver’s license hardship request fee: $50.
2ND OFFENSE WITHIN 5 YEARS
Administrative Penalties
Driver’s license suspension: 2 years
License reinstatement fee: $175.
Ignition interlock for restricted driver’s license.
Financial responsibility (SR 22) filed for 3 years.
Criminal Penalties
A $600 to $1,000 fine.
1 to 5 years in jail.
10 days to 1 year of community service
Possible forfeiture of your vehicle.
3RD OR SUBSEQUENT OFFENSE WITHIN 5 YEARS
Administrative Penalties
Driver’s license suspension: 5 years.
License reinstatement fee: $175.
Ignition interlock for restricted driver’s license.
Financial responsibility (SR 22) filed for 3 years.
Criminal Penalties
A $2,000 to $5,000 fine.
1 to 5 years in prison.
Forfeiture of your vehicle.
The penalties increase for multiple DUIs and offenses involving accidents, injuries, and deaths.
-
1ST OFFENSE
Administrative Penalties
• Driver’s license suspension for one year.
• Required participation in an alcohol and drug treatment program.
• Restitution payments to those who may have been injured or experienced loss.
• License reinstatement fee: $100+.
• Ignition interlock for restricted driver’s license: $1,000+.Criminal Penalties
• A $350 to $1,000 fine.
• 48 hours to 11 months in jail.2nd OFFENSE
Administrative Penalties
• Driver’s license suspension for two years.
• Vehicle seizure
• Required participation in an alcohol and drug treatment program.
• Restitution payments to those who may have been injured or experienced loss.
• License reinstatement fee: $100+.
• Ignition interlock for restricted driver’s license: $1,000+.Criminal Penalties
• A $600 to $3,500 fine.
• 45 days to 11 months in jail.3rd OFFENSE
Administrative Penalties
• Driver’s license suspension for six years.
• Vehicle seizure
• Required participation in an alcohol and drug treatment program.
• Restitution payments to those who may have been injured or experienced loss.
• License reinstatement fee: $100+.
• Ignition interlock for restricted driver’s license: $1,000+.Criminal Penalties
• A $1,100 to $10,000 fine.
• 120 days to 11 months in jail.4th OFFENSE
Administrative Penalties
• Driver’s license suspension for eight years.
• Vehicle seizure
• Required participation in an alcohol and drug treatment program.
• Restitution payments to those who may have been injured or experienced loss.
• License reinstatement fee: $100+.
• Ignition interlock for restricted driver’s license: $1,000+.Criminal Penalties
• Class E Felony
• A $3,000 to $15,000 fine.
• 1 year in jail. -
If you receive a third or subsequent DUI charge within a five-year period in Mississippi, it becomes a felony DUI rather than a misdemeanor.
-
In Tennessee, if you receive a fourth or subsequent DUI charge in five years it is considered to be a felony DUI rather than a misdemeanor DUI.
-
Situations in which your attorney may be able to contest a DUI charge include:
There was no probable cause for officers to stop your vehicle.
The breath test was faulty and unreliable.
You have a medical condition that contaminated the test results.
You had eaten food that mimics self-produced isopropyl and ethyl alcohol (the type in alcohol).
The breathalyzer had not been properly maintained and calibrated.
You were not driving the vehicle and were charged anyway.
-
Yes, a DUI may be expunged after five years providing you have completed all the fines, and requirements of the court.
You must meet certain conditions for expungement. Mississippi law sets out six (6) conditions which individuals must meet to qualify for an expungement in Mississippi:
You did not refuse a blood, breath, or urine test;
Your blood alcohol concentration was below .16% if tested;
At the time of arrest, you were not the holder of a commercial driver’s license or a commercial learner’s permit;
You have completed all conditions ordered by the court to include paying all fines and taking any classes;
You have not been convicted of any other driving under the influence charges or have any charges pending; and
You can show the court why the conviction should be expunged.
-
If your DUI charge was dismissed or did not result in a conviction (you were found not guilty, your conviction was reversed on appeal, your charge was reduced to a lesser offense), than it can be expunged. A DUI conviction cannot be expunged. A conviction of reckless driving and reckless endangerment can be expunged after five years.
HIRING A DUI LAWYER
An effective attorney brings experience in handling DUI cases in the local jurisdiction where you are facing charges. A lawyer should work to minimize the consequences you will face in both the short and long term.
CLIENT TESTIMONIALS
TAKE ACTION
Get your case resolved and get on with your life.